Loading...
09-27-1976 - Regular u u CITY COUNCIL OF THE CITY OF EDGEWATER September 27,1976 )r " - l Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, September 27, 1976 at 7:30 p.m. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson I. Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present "(.. Fr ~ ~ ~:r:?l ~ ~. f,dl~' tll~~ f~ tt ~~~C" ,~~ [~~1 ~;. g JlI;::I.,j h." f;.i ~..'E;I ';1 &j.-~. ,,' .J.j 2 W .::Jy :.J ~ l\:k ~i)./ { .' INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: None BILLS AND ACCOUNTS: The City Clerk read the list of bills in the General Fund account, and answered several questions from the Council members about the bills. The City Clerk read the list of bills in the Water and Sewer account. Councilwoman Webber made a motion to pay the bills, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read a letter from Mrs. Evelyn Kear commending the Edgewater Rescue Squad for their promptness in respondin~ to her call for assistance when her mother suffered a heart attack. Mayor Armstrong stated that copies should be sent to the rescue squad. The City Clerk read a letter from Witt Construction Company requesting permission to use an outside trash removal service to remove trash from their job site at the Edgewater Elementary School. Councilman Cairnie made a motion to grant their request, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Mrs. Zena Leader in regard to the culvert on Orange Tree Drive. ~ o Mayor Armstrong explained that Mr. Martine has already talked with Mrs. Leader about this and she understands that we will have to put in a drainage system for about 2 blocks to alleviate the situation that we have there, because the water has to have some place to go. The City Clerk read a letter from Mr. and Mrs. O.f. Grogan commending the garbage service in Edgewater. The City Clerk read a letter from Dave Silverman, President, Downtown Merchants Association inviting the Council to a meeting September 29th at 8:00p.m. at the Southeast Bank of New Smyrna. The purpose of the meeting being the pros and cons of the proposed overpass over US #1 at Lytle Avenue and also the widening of Highway #44 to 1-95. There was some discussion about this situation and the proposals. The City Clerk read the Operation and Maintenance Budget Report for the month of August. AUDIENCE MISCELLANEOUS: Mr. Bob Fuller spoke to the Council about water and sewer bills that are owed against two lots that he owned. He sold one of the lots about a year ago, and he does not feel that he owes this bill at all. He also doesn't feel that he should pay for service on the vacant lot that he still owns because he does not want any service. Mayor Armstrong explained that there are seven lots out there that had meters installed on in 1974. There have been no permits taken out on them. When you put service to the lots, you establish a minimum bill. Mr. Fuller again stated that he is being charged for a service that he can not use. He explained that when he sold the one lot apparently it was not transferred to the other man's name and he did not know about this bill until he came in for a permit to build on the one lot. Councilman Sikes stated that we should be sure that we know whether the Ordinance which sets the impact fee was in effect at the time of the sale, before we take care of this. Councilman Dietz asked the attorney what constitutes a service to a home, a meter sitting there, or does it have to be hooked up to the house? Attorney Woods stated that the service is available. Councilman Dietz explained that we had another case in this area. In this case a man made application before the passing of the Ordinance and he was exempt from the impact fee. This is the same situation. Councilman Sikes stated that here we are talking about a $77.00 bill which Mr. McIntyre owes as comparative to an impact fee of $500 and some odd dollars. He stated that now if he goes to another lot within the City he will have this impact fee to pay. Mayor Armstrong read from the bill, explaining what is owed. He stated that this bill constitutes a lien against the property. Councilman Dietz explained that Mr. McIntyre can either pay the bill that is owed to the City, or we can go and take out the meter, and he can pay the impact fee and we will start allover. -2- ~ o There was some discussion about the sewer also, and the impact fees that are required for sewer. There was more discussion about the meter, and whether it should be removed or not. Tape 2-A There was some discussion about the conditions that the handball and tennis courts are left in. Councilman Cairnie was instructed to make some type of report and recommendation at the next meeting. Mrs. Walker requested to use the Park and Pier area for a political rally October 9th. It was agreed that she should be granted permission to do this as long as she understands that she is responsible for the cleaning up afterwards. RESOLUTIONS: RES. NO. 675 A RESOLUTION APPOINTING AN ELECTION CLERK, INSPECTORS, AND A SPECIAL OFFICER FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, OCTOBER 19, A.D. 1976 AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the Resolution in full. Mayor Armstrong explained that the name of Ed Mathis was left out. Attorney Woods wrote in the name. Councilman Sikes made a motion to adopt the Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED, 5-0. RES. NO. 676 A RESOLUTION DECLARING THE CANDIDATES FOR THE OFFICE OF COUNCILMAN FROM ZONE 4 TO BE NOMINATED AT A PRIMARY ELECTION TO BE HELD ON THE 19th DAY OF OCOTBER, 1976 AND DECLARING THE CANDIDATES FOR THE OFFICE OF COUNCILMAN FROM ZONE 2 AND FURTHER DECLARING THAT THE PREVAILING CANDIDATE OR CANDI- DATES EROM THE PRIMARY ELECTION HELD ON THE 19th DAY OF OCTOBER, 1976 FOR THE OFFICE OF COUNCILMAN FROM ZONE 4 AND THE CANDIDATES FOR THE OFFICE OF COUNCILMAN FROM ZONE 2 SHALL BE VOTED UPON CITY-WIDE ON THE 2ND DAY OF NOVEMBER, 1976, AND FURTHER PROVIDING FOR THE PREPARATION AND PRINTING OF BALLOTS FOR SAID ELECTIONS, AND PRINTING OF BALLOTS FOR SAID ELECTIONS, AND FURTHER PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the Resolution in full. The City Clerk read her certification that each candidate had the correct amount of signatures on their petitions and that they were registered to vote in the City of Edgewater. Councilman Sikes made a motion to adopt the Resolution, being seconded by Councilwoman Webber. Mayor Armstrong stated that it has been brought to his attention by several people that Charles A. Mueller does not live in Zone 4, of which he is running for office. He said that after having several phone calls, he went to the address himself and there is no one around, however Mr. Mueller does reside on Ridgewood Avenue which is in Zone 3. The City Clerk explained that she spoke to the assistant of the man who qualifies the people for County Council elections, and she was told that it was not up to her to question the man's qualifications, all she can do is certify what she found in the books. It is up to the other candidates in that particular race to make a complaint to the State Attorney's office~ -3- o o Mayor Armstrong stated that the fact is that the local election is the responsibility of the City Council, and the Charter states that you must reside in the Zone in which he runs to represent. Councilman Sikes stated that we should be absolutely sure that he is not qualified, because if we say that he is not and he comes back and proves that he is, we could be in some hot water. The Council asked for the attorney's opinion on this. Attorney Woods stated that he feels that the Charter is specific and it states that you must reside in a particular Zone. Councilman Sikes stated that the thing that bothers him is that this man signed an affidavit saying that he does live there. Mayor Armstrong stated that from the collected data that he has on this issue, it is not his domicile. Attorney Woods stated that based upon the Charter if he is not physically residing in that Zone you can not certify him. There were several comments from the audience about this. Councilman Sikes withdrew his motion, Councilwoman Webber withdrew her second. Councilman Cairnie made a motion that Mr. Mueller's name be withdrawn upon the advise of our attorney, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Tape 2-B Mayor Armstrong stated that a letter should be written to him, and the Police Department can deliver it to him. Councilwoman Webber made a motion to adopt the Resolution as amended, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED, 5-0. ORDINANCES: ORD. NO. 961 AN ORDINANCE SETTING A TENTATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976, AND ENDING SEPTEMBER 30, 1977 TO THE VARIOUS ITEMS OF THE CITY BUDGET, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the second reading of this Ordinance by title only. Councilman Dietz made a motion that we adopt this Ordinance, being seconded by Councilman Sikes. There was some discussion about the taxes, Mr. Taylor stated that he does not agree with using $20,000 from fees for the advalorem taxes as is being done. Mayor Armstrong stated that he has gone over this several times. He explained that this year we had an additional cost, which we took the money out of the Garbage Department to put over here to meet the payments with. There was no contingency funds for the depreciations in the depart- ment. He stated that it is taking money out of one department and putting it into the other and the next year when you did have it you put it back. -4- o o There were more questions from the audience about this, and the Mayor answered them. Upon roll call vote said motion to adopt the Ordinance CARRIED, 5-0. ORD. NO. 962 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976 AND ENDING SEPTEMBER 30, 1977 TO THE VARIOUS ITEMS OF THE WATERWORKS & SEWER SYSTEM BUDGET. Attorney Woods read the second reading of this Ordinance by title only. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. ORD. NO. 963 AN ORDINANCE ABOLISHING THE MUNICIPAL COURT OF THE CITY OF EDGEWATER, FLORIDA, IN ACCORDANCE WITH ARTICLE V OF THE CONSITUTION OF THE STATE OF FLORIDA, PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Woods read the first reading of this Ordinance in full. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. ORD. NO. 964 AN ORDINANCE AMENDING ORDINANCE NO. 937 WHICH ORDINANCE SET A TENTATIVE BUDGET AND APPROPRIATED REVENUES TO BE COLLECTED FOR THE CITY OF EDGE- WATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30, 1976, REPEALING ALL ORDINANCES OR RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Armstrong entertained a motion to waive the second reading of this Ordinance and declared an emergency in order to comply with the rules and regulations of the Auditor General. Councilman Dietz made a motion that we waive the second reading of Ordinance No. 964 and put it on an emergency basis so that we can have the final reading tonight, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED, 5-0. Attorney Woods read the Ordinance in full. Tape 3-A Councilman Sikes made a motion to adopt the Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. OLD BUSINESS: Councilman Dietz stated that Mr. Fernandez contacted him today and told him that they have been in touch with the Federal Government and they are taking applications for this Public Works Act. They have checked on Edgewater's feasibility,our chances of getting this money to build a Water Plant in the amount of $775,000.00 stand at about 75% but we will have to gamble about $2,500.00 in application fees and fees to Briley, Wild to get the job done. Mayor Armstrong stated that there are a lot of loose ends about.this, because the last report he has had this is still in the talking stage and there has been no guarantee from Washington of any funding. -5- ~ o Councilman Dietz stated that Mr. Fernandez stated that we could have this man,who came here,before come down and give us the facts and explain this to us. Mayor Armstrong stated that he wants concrete facts that the Federal Government is going to fund this program and that we are going to have our fair chance to get some of the money. Councilman Dietz stated that if we wait too long we are not going to get anything. He asked if we want the man to come down? Mayor Armstrong stated that we should find out about this. There was some discussion with the audience about this. Councilman Cairnie stated that they should come down here and explain this to us at no cost. Mayor Armstrong agreed with this. NEW BUSINESS: Councilman Dietz stated that we have put in the new budget for the automatic chlorination system. He explained the system as it is now; we have to pay the operators overtime to sit and turn valves when a machine can do the same job. The estimated figures on this is $3,500 for the chlorinator and $3,000 for the residual analyzer. He explained that the State law is that you must have this equipment or you are suppose to have a Class C operator on duty 24 hours a day seven days a week. He stated that it is a lot cheaper to pay $7,000 for equipment than it is to pay $15,000 a year for two men to operate what we have. Councilman Dietz made a motion that we put this equipment out for bids, that the specifications be furnished by Briley, Wild and Associates, the bids to be returned within thirty days, being seconded by Councilwoman Webber. Councilwoman Webber asked why we can't wait until next week? Councilman Sikes stated that we can wait until next week and get the letter that we got from the engineers, and check the law out, so that we can show this to the people. Councilman Dietz stated that he has the letter with him. Councilwoman Webber stated that she would like to read this letter again. Tape 3-B The City Clerk read the letter to the audience. It was from the Department of Health and Rehabilitation Services, dated June 12, 1974. It stated that on April 19, 1973 they reminded all public water supply systems that con- tinuous chlorination is required by the Department of Health and Rehabili- tation Regulations. There was a list of requirements included in the letter. Mayor Armstrong stated that we comply with every requirement on the list except having a man on duty 24 hours a day. Councilman Dietz stated that it can not be just a man, it must be a Class C operator, and what we are trying to do is eliminate having to hire more men to work around the clock and pay them annually, by buying this equipment which will last. Councilman Cairnie stated that this letter is dated in 1974 and nothing has been done about this yet, that is what bothers him. Councilman Dietz stated that we just recently received another letter exactly the same. . -6- /J o o There was more conversation; Councilman Dietz explained that right now we have to shut down the plant at night, because if we don't it will over chlorinate, but since we do shut it down, every morning the water for the City is hard. He stated that it will take a while to get this on its way so he wants to start the wheels rolling now. Councilwoman Webber stated that since she has been on the Council, she has received numerous calls about the water having so much chlorine in it. She said that she called the plant and they told her that there is some type of build up causing it, and she wonders if this equipment will take care of that? Councilman Dietz stated that this is what the equipment is for. It has an automatic sensor that goes into the line and when the sensor picks up that chlorine it keeps it at the same rate all of the time. Mayor Armstrong called for a roll call on the motion. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. MISCELLANEOUS: Councilman Sikes stated that he was handed a letter by Mr. Bill Gillespie that he would like to read to the Council. He gave the letter to Mayor Armstrong, who will bring a report back to the Council at the next meeting. Councilwoman Webber read a notice of a final meeting on the abolition of the Municipal Courts, which will be held in Tampa on October 7, 1976. She stated that she feels that the Chief and the Court Clerk should attend this meeting. Councilman Cairnie stated that our local judge should be able to tell us how to close out our court. Councilwoman Webber made a motion that the Chief and the Court Clerk go to this final meeting, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 3-2. Councilman Cairnie and Mayor Armstrong voting NO. Councilwoman Webber stated that our Board of Adjustments has not been active and she feels that we should activate them because she feels that it will be too much of a responsibility for the Council to take care of this. The City Clerk was instructed to report to the Council at the next meeting as to who is still on that board and so on. Councilwoman Webber stated that she has all the bills ready for relocating the Police Department, and they are ready to proceed. Mayor Armstrong stated that he would like to review those bills and bring them up at the next meeting. There was discussion about the lawnmower that Mr. Cairnie is looking for to use in the Park and Pier area. The decision was left up to Mr. Cairnie and Mr. Sanborn. -7- RECESS: u u Councilman Cairnie made a motion to recess this meeting until 1 :30 p.m. tomorrow, being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler ATTEST: i~J3t~LiL ~ II day of Approved this ~ , 1976. 60'4p6-J-~d~ Y~-5 Ma' or ,/ ~!i l' ~~ Cou woman /1/J+~A~~ Councilma'n ff~--~a,~ Ma or -8- r ~ (/ y ~ GENERAL FUND: Southern Bell Florida Power & Light Elizabeth J. Crouser Fire Chief Magazine Steve Kelley Pete Realmuto Sam Vickers Si gurd Ohrwa 11 Bobby McFarl and Marlin P. Logan Earl Copeland Ron Collett News-Journal -BuLLlellldll 3purLing Gumb Will iams Welding New Smyrna Beach Senior Hi. Gasol ine Alley Fla. League of Cities Edgewater Garage Sears, Roebuck and Co. Diversified Electronics Communciations Service Goodyear Service Fla. Concrete Pipe, Inc. City Auto Supply Judson I. Woods WATER AND SEWER: Southern Bell Florida Power & Light Hughes Supply, Inc. Burroughs Corporation Gasoline Alley Sav-On Utility Supplies Russell Laboratories '-> BILLS AND ACCOUNTS September 27, 1976 u City Hall, Fire, Street Street, Street lights, Traffic light Deland trip Fire P.O. P.O. Street Street Street Street Street Street Finance Director Fi r'e Street Council P.O. Council P.O. Landfi 11 Street Civil Defense P.O. Street Street Paving & Improvements Street, P.O. City Attorney Water Water and Sewer Water Water and Sewer Water Sewer Water 387.99 2,169. 13 7.87 9.00 14.07 102.00 4.89 18.00 51.32 36.45 33.00 34.44 7.70 fJ 33.g9.m 'f1jFJ 6.60 60.00 123.35 304.68 2.50 45.71 67.25 5.12 52.82 1,560.00 62.70 37.50 S,2G7.90 5'J..3t.f.vf J 72.15 1,629.39 295.32 72.40 57.75 147.00 90.00 2,364.01